Additional foreign acquirer duty residential land interactive help

The transaction is for land in Queensland that is or will be used solely or primarily for residential purposes, such as:

an established home or apartment
vacant land where a home or apartment will be built
land for development for residential use (e.g. smaller unit block developments, housing subdivisions and major developments with a residential component)
a building refurbished, renovated or extended for residential use
none of the above.

The foreign acquirer is:

an individual
a corporation
a trustee of a foreign trust.

Is the acquirer an Australian citizen, or a permanent resident who is the holder of a permanent visa or a special category visa as defined by the Migration Act (Cwlth)?

Yes
No

View the Migration Act 1958.

Is the acquirer a corporation incorporated outside of Australia or a corporation in which foreign persons have a controlling interest?

Yes
No

Is the acquirer a foreign trust where at least 50% of the trust interests in the trust are foreign interests?

Yes
No

Read about foreign trusts.

Is the foreign acquirer eligible to claim an exemption (not a concession) under the Duties Act?

Yes
No

AFAD applies

Based on the information you have provided, AFAD will apply.

Next steps

Assess the residential land transaction as normal, but ensure that AFAD is included.

Read the step-by-step procedure for assessing an AFAD residential land transaction.

For audit purposes, you must keep:

a completed dutiable transaction statement (Form D2.2)
an identity details annexure (if applicable).

You must keep all records relating to the transaction for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

Your file reference:

Client name:

Transaction number:

Name:

Date:

AFAD does not apply

Based on the information you have provided, AFAD will not apply.

Duty is payable on the transaction’s consideration or unencumbered value.